case study

Saldan was an employee of Organo Farm Corp. Organo owned and operated a 200-hectare farm and allowed Saldan to harvest soybeans from the fields. Saldan would pay the corporation a certain price per kilo. Hector, the president of Organo, had become unhappy with the price per kilo that Saldan was paying, and the two of them got into a heated argument over the money. Hector had taken to carrying a gun to scare off rabbits from the fields, and, in the heat of the argument, he took out the gun and shot Saldan, who died from his wounds (these cases are taking a rather dark turn, it seems).

The executor of Saldan's estate brought legal action on behalf of Saldan's children against Organo Farm Corp., based onvicarious liability for the actions of its president, as well as Hector.Hector has very few assets, but Organo has some very valuable equipment and farmland. Hector has admitted his actions and his personal liability. However, Organo is unwilling to admit liability, claiming Hector was not acting within the scope of his employment when he shot Saldan.

Outline the legal issues in this case and present arguments

on behalf of the following:

1. The executor of Saldan's estate.(Why they think the Corporation is liable.)
2. Organo Farm Corp.(Why they think they have no liability.)

Students should focus on the legal issues of vicarious liability (Chapter 3, Torts), employment (Chapter 8), and the role and duties of an officer of a corporation discussed in Chapter 10.

(LO 3.1, 3.2, 8.2, 10.1, 10.5, 10.6)

SUBMIT ONLY AS A WORD DOCUMENT ATTACHMENT.

USE THESE HEADINGS.

1. LEGAL ISSUES (from this case)

2. Argument on behalf of SALDAN's ESTATE

3. Argument on behalf of: ORGANO FARM CORP